International Arbitration & Cross-Border Litigation
When investing companies find themselves in conflict over international investments, most prefer to resolve the dispute with the assistance of an arbitration lawyer under trusted international rules rather than in unfamiliar foreign courts. McMillan lawyers are experienced advocating for clients before a wide range of international arbitration tribunals. We have handled international arbitrations involving parties from all corners of the world, arising from international contracts in virtually all major industries.
We are one of few Canadian law firms to consistently be ranked among world’s top 100 international arbitration law firms, as selected by Global Arbitration Review. Many of our international arbitration lawyers have also been recognized by leading directories such as Chambers Global, Who’s Who Legal: Commercial Arbitration, Best Lawyers in Canada, Lexpert and Euromoney’s Guide to the Leading Experts in Commercial Arbitration.
When clients invest in emerging economies, McMillan’s international arbitration lawyers play a critical role, assisting companies whose investments are threatened by the actions of a host state. We also represent investors in arbitrations brought against states under a wide range of investment protection treaties, including the North American Free Trade Agreement, and other bilateral investment treaties.
McMillan’s international arbitration lawyers have helped Canada’s top business leaders succeed globally by representing them before arbitral tribunals established under the rules of all major Canadian, international and regional institutions; assisting clients with the design of arbitration provisions in commercial contracts; and advising on corporate structures to take advantage of investment treaty protections.
Deals and Cases
Insights (20 Posts)
Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions
Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.
The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.
Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment
Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.
Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding
Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.
A description of the June 6, 2022 Canadian sanctions against Russia.
Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
Changes announced in Budget 2022 make it easier for Canadian producers to tackle unfairly traded imports.
Overview and analysis of disputes under the Canada-United States-Mexico Agreement, including bi-national panel review, ISDS, and general dispute settlement
Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine
Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies
In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.
Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions
Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions
It is official - Canada's new Patent Rules will come into force on October 30, 2019.
On June 21, 2019, Global Affairs Canada (“GAC”) imposed targeted sanctions against nine Nicaraguan senior public officials
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.
January 2018, Canadian government announced it will sign the Comprehensive and Progressive Agreement for Trans-Pacific Partnership also referred as "TPP-11".
NAFTA – the sky is not falling – those are just thunder clouds
Appealing the Arbitrator: A New Avenue of Appeal in British Columbia
Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
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